Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report and the many documents attached. In particular, it notes the detailed information on the various projects and programmes of action implemented in the country with a view to eliminating the worst forms of child labour, including commercial sexual exploitation and hazardous work.

Article 3 of the Convention. The worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children for sexual exploitation and the use, procuring or offering of a child for the production of pornography or for pornographic performances. With reference to its previous comments, the Committee notes with interest the adoption of Act No. 16 of 31 March 2004, issuing certain provisions for the prevention and classification of offences against sexual integrity and freedom, amending sections of the Penal Code and the Judicial Code (Act No. 16 of 31 March 2004). In particular, it notes that, under sections 231 and 231A of the Penal Code, as added by Act No. 16 of 31 March 2004, the international and internal trafficking of persons for sexual exploitation or for the maintenance of those persons in servitude are prohibited. Furthermore, it notes that sections 231E and 231G of the Penal Code, as added by Act No. 16 of 31 March 2004, prohibit the use of a minor for the production of pornography or for sexual tourism. The Committee requests the Government to provide information on the effect given in practice to the new provisions, including statistics on the number and nature of the violations reported, the investigations carried out, prosecutions, convictions and penal sanctions applied.

Clauses (a), (b) and (c). Debt bondage, serfdom and forced or compulsory labour; forced or compulsory recruitment of children for use in armed conflict; and the use, procuring or offering of a child for prostitution or for illicit activities. In its previous comments, the Committee noted that certain provisions of the national legislation, although prohibiting debt bondage, servitude and forced or compulsory labour, the forced or compulsory recruitment of children for use in armed conflict, and the use, procuring or offering of a child for prostitution or for illicit activities, do not establish any penalty for violations. It requested the Government to provide information on the measures adopted or envisaged for this purpose. The Committee notes the information provided by the Government to the effect that sections 87–91 and 94 of the Bill for the integral protection of children and young persons contain provisions prohibiting these worst forms of child labour. The Committee hopes that the Bill will be adopted in the near future and requests the Government to provide information in this respect.

Article 4, paragraphs 1 and 3. Determination and periodical revision of the list of hazardous types of work determined. With reference to its previous comments, the Committee notes with interest the adoption of Executive Decree No. 19 of 12 June 2006 approving a detailed list of types of hazardous work for children in the context of the worst forms of child labour. It further notes that this list was adopted following a national tripartite consultation, which also included specialists on labour matters and health and safety.

Article 6, paragraph 1. Programmes of action. The Committee notes with interest the new National Plan for the Elimination of Child Labour and the Protection of Young Workers (2007–11). The Committee requests the Government to provide information on the programmes of action established in the context of the National Plan referred to above, and on the results achieved in terms of the elimination of the worst forms of child labour through the implementation of the National Plan.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the project for the prevention and elimination of the worst forms of child labour in Panama ended in June 2006. In this respect, it notes that a significant number of children, including indigenous children, have been prevented from being engaged in hazardous activities, while others have been removed from certain types of hazardous work in coffee and sugar-cane harvesting and market gardening. According to the information available to
ILO/IPEC, phase II of the project is currently being carried out and targets 1,500 children. The Committee takes due note of the Government’s efforts for the implementation of phase I of the project and strongly encourages it to pursue its efforts to combat the worst forms of child labour.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. Hazardous types of work. The Committee requests the Government to provide information on the measures adopted in the context of the implementation of phase II of the project for the prevention and elimination of the worst forms of child labour in Panama referred to above with a view to: (a) the effective prevention of children from being victims of hazardous types of work; and (b) the provision of the necessary and appropriate direct assistance for the removal of child victims of this worst form of child labour and for their rehabilitation and social integration. The Committee also requests the Government to provide information on the results achieved.

2. Commercial sexual exploitation. The Committee notes that, according to the evaluation reports of the ILO/IPEC regional project entitled “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”, a greater number of children will be targeted. The Committee requests the Government to provide information on: (1) the number of young persons under 18 years of age prevented from being engaged in commercial sexual exploitation; and (2) the number of children who are, in practice, removed from this worst form of child labour. It also requests the Government to provide information on the economic alternatives envisaged and on the measures adopted to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

Clause (c). Access to free basic education and vocational training. 
1. Measures adopted. The Committee notes the information provided by the Government in its report to the effect that, in 2006, the Training and Human Resources Institute (IFARHU) provided over 1,500 educational grants with a view to affording assistance to actions targeted at eliminating child labour. In this respect, the Committee notes that in March 2006, a four-year cooperation agreement was concluded between the Committee for the Elimination of Child Labour and the Protection of Young Persons (CETIPATT) and the Director‑General of the IFARHU with the objective of facilitating economic assistance to child workers to encourage them to continue their studies.

2. ILO/IPEC project. The Committee requests the Government to provide information on the measures introduced in the context of the ILO/IPEC project on preventing and eliminating the worst forms of child labour in Panama and the ILO/IPEC regional project entitled “Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” with a view to ensuring that children who are removed from the worst forms of child labour have access to free basic education and vocational training.

Clause (d). Children at special risk. Child domestic work. With reference to its previous comments, the Committee notes the detailed information provided by the Government concerning the project for the prevention and elimination of the worst forms of child labour in Central America and the Dominican Republic. It notes that the project has developed a fair number of activities designed to generate knowledge, raise awareness, provide training and reinforce institutions and the legislation. Furthermore, direct action has targeted over 13,800 children and has made it possible to prevent the engagement of children in domestic work and to remove them from such work. Noting that children engaged in domestic work are often the victims of exploitation, which takes on very diverse forms, the Committee requests the Government to continue its efforts to protect these children from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which it intends to take account of the special situation of girls in the context of the implementation of the ILO/IPEC project for the prevention and elimination of the worst forms of child labour in Panama and the ILO/IPEC regional project “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”.

Article 8. International cooperation. Commercial sexual exploitation. The Committee notes that the ILO/IPEC regional project entitled “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” envisages the strengthening of horizontal collaboration between the countries participating in the project. The Committee is of the view that international cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable to prevent and eliminate commercial sexual exploitation, including the trafficking of children for that purpose, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and to repatriate victims. The Committee therefore hopes that, in the context of the implementation of the ILO/IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children, the Government will take measures to cooperate with the participating countries and thereby strengthen security measures so as to bring an end to this worst form of child labour. It requests the Government to provide information on this subject.

Parts IV and V of the report form. Application of the Convention in practice. The Committee takes due note of the reports of the labour inspection services. It requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.